DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the complainant against the judgment dtd. 29/3/2012 passed by the learned Additional Sessions Judge (Fast Track), No. 2, Hanumangarh Headquarter Nohar, by which the learned trial court acquitted the accused-respondents for the offences under Sec. 307 read with Sec. 120-B IPC and Sec. 25, 27 of the Indian Arms Act.

(2.) Brief facts of the case are that the complainant-Devi Lal gave an information to the police to the effect that he was not in a good relation with his son Prahlad. He used to visit Guddi Bhat for last about 3-4 years. On 7/11/2009, both he and Guddi Bhat went to Police Station for inquring about previous complaint, which was filed against one Mahaveer Godara. The ASI was not present in the Police Station. When the ASI came there after about 45 minutes, they told him that one red coloured Scorpio vehicle along with one motor-cycle was circling near the house of Guddi. The ASI agreed to go and see the vehicle. When they reached the house of Guddi then Sandeep and son of his uncle Billu came there. Sandeep fired the pistol. The pallets hit on his back side. Due to which he received pallet injuries. The accused fled away. On this report, police registered a case and started investigation. After due investigation, the police filed challan against the accused-respondents. Thereafter, the case was transferred to the court of Additional Sessions Judge (Fast Track) No. 2, Hanumangarh-Headquarter-Nohar where the charges of the case was framed against the accused-respondents.

(3.) The prosecution examined 18 witnesses in all. Several documents were exhibited and thereafter, statements of accused under Sec. 313 Cr.P.C. were recorded. No witness was examined from the defence side. After conclusion of the trial, the learned Additional Sessions Judge (Fast Track) No. 2, Hanumangarh-Headquarter-Nohar acquitted the accused- respondents from the charges levelled against them.